Difference between Detention, Arrest and Custody

00:09:51
https://www.youtube.com/watch?v=P8y7NqqER94

Summary

TLDRIn her presentation, Dr. Priya Sabaha clarifies the distinctions between detention, arrest, and custody within the criminal justice system. Detention is defined as the temporary holding of an individual by law enforcement based on reasonable suspicion without formal charges. Arrest occurs when the police take a person into legal custody due to evidential support of criminal activity. Custody refers to the conditions under which a detained individual is held and can be of two types: police custody (short-term for interrogation) or judicial custody (long-term ordered by the court). Each has specific legal implications, rights protected under law, and varying durations.

Takeaways

  • ๐Ÿšจ Detention involves holding someone without charges.
  • ๐Ÿ‘ฎ Arrest requires evidence of a crime to take someone into custody.
  • โš–๏ธ Custody relates to how individuals are monitored post-arrest.
  • โณ Detention is usually short-term; arrest can lead to legal proceedings.
  • ๐Ÿ” Police custody allows for interrogation; judicial custody does not usually permit it.
  • ๐Ÿ“œ Arrest records exist, whereas detention does not record criminal history.
  • ๐Ÿ‘ฅ Private individuals can make arrests under specific situations.
  • ๐Ÿ›๏ธ Police custody can last up to 24 hours; judicial can extend to 90 days.
  • โš–๏ธ Individuals have rights during detention and arrest to legal counsel.
  • ๐Ÿ”’ Police custody is more immediate; judicial custody involves a judge's oversight.

Timeline

  • 00:00:00 - 00:09:51

    Dr. Priya Sabaha explains the differences between detention, arrest, and custody in the criminal justice system. Detention occurs when police hold an individual under suspicion without formally charging them, requiring reasonable suspicion and a limited duration. Arrest involves taking someone into custody based on sufficient evidence of a crime, and can be carried out by police, magistrates, or private citizens. Custody refers to the right of law enforcement or judicial authorities to restrict an individual's movement, with two types: police custody (up to 24 hours) and judicial custody (up to 60-90 days). Detention is less serious, while arrest and custody hold more significant legal implications and may involve interrogation and legal representation.

Mind Map

Video Q&A

  • What is detention?

    Detention is when police hold someone under suspicion without charging them with a crime, temporarily restricting their liberty.

  • What defines an arrest?

    An arrest is the legal action taken to take someone into custody based on credible evidence of a crime.

  • What is the difference between police custody and judicial custody?

    Police custody is immediate custody by police for interrogation, while judicial custody is ordered by a judge and can last longer.

  • Can anyone make an arrest?

    Yes, arrests can be made by police, magistrates, or even private individuals under certain conditions.

  • What is the duration of police custody?

    Police custody typically lasts no longer than 24 hours without being presented before a judge.

  • How long can judicial custody last?

    Judicial custody can last up to 90 days for serious crimes or up to 60 days for other offenses.

  • What rights do individuals have during detention or arrest?

    Individuals have the right to legal counsel during police interrogation and protections against unlawful detention.

  • Is there a criminal record for detention?

    There is no criminal record for detention, but there is for arrest.

  • What happens after detention?

    After detention, a person must either be released or formally arrested.

  • How long can someone be held in custody?

    In police custody, it is typically up to 15 days; in judicial custody, it can be up to 60 or 90 days depending on the case.

View more video summaries

Get instant access to free YouTube video summaries powered by AI!
Subtitles
en
Auto Scroll:
  • 00:00:00
    hello everyone I'm dr. Priya sabaha my
  • 00:00:04
    topic for today is difference between
  • 00:00:07
    detention arrest and custody there are
  • 00:00:12
    certain terms in criminal justice system
  • 00:00:14
    which are ambiguous in nature however
  • 00:00:17
    they are step-by-step explained in law
  • 00:00:20
    and practice police have power to see
  • 00:00:24
    someone under many grounds the most
  • 00:00:28
    under which a person can be seized by
  • 00:00:31
    the police a detention arrest and
  • 00:00:34
    custody usually people get confused
  • 00:00:36
    between these three but they are having
  • 00:00:39
    different meaning the first one is
  • 00:00:43
    detention when the police or any
  • 00:00:47
    authority holds someone under suspicion
  • 00:00:49
    but have not charged them with a crime
  • 00:00:52
    is known as detention and this person is
  • 00:00:57
    detained against their will and their
  • 00:00:59
    liberties are revoked for the time being
  • 00:01:02
    the police have the right to detain
  • 00:01:04
    someone if they suspect them of unlawful
  • 00:01:07
    activities or any wrongdoing however the
  • 00:01:11
    police cannot detain someone without
  • 00:01:13
    reasonable suspicion and can only detain
  • 00:01:16
    them for a certain period of time which
  • 00:01:19
    varies from region to region after the
  • 00:01:22
    prescribed time the police must either
  • 00:01:24
    release or arrest a person according to
  • 00:01:27
    the case the second mode is arrest
  • 00:01:33
    although in criminal law arrest has not
  • 00:01:36
    been defined but the procedure of arrest
  • 00:01:38
    has been given under Section 41 to
  • 00:01:42
    section 60 of Criminal Procedure Code as
  • 00:01:46
    per legal dictionary arrest means a
  • 00:01:49
    scissor or forcible restrain and
  • 00:01:52
    exercise of the power to deprive a
  • 00:01:55
    person of his or her liberty the taking
  • 00:01:58
    on keeping of a person in custody by
  • 00:02:01
    legal authority specially in response to
  • 00:02:04
    a criminal charge in criminal law arrest
  • 00:02:09
    is an important tool from bringing and
  • 00:02:11
    accused
  • 00:02:12
    before the court and to prevent him from
  • 00:02:15
    absconding when the police charged
  • 00:02:19
    someone with a crime and then takes them
  • 00:02:21
    into custody is called arrest however in
  • 00:02:26
    order to arrest someone the police must
  • 00:02:29
    have sufficient evidence credible
  • 00:02:31
    information or a reasonable cause about
  • 00:02:35
    the illegal act committed by him now the
  • 00:02:39
    question is who can meet arrest under C
  • 00:02:42
    RPC the arrest can be made either by
  • 00:02:46
    police or by magistrate or well private
  • 00:02:49
    person
  • 00:02:50
    the police can made arrest either
  • 00:02:53
    without warrant which has been described
  • 00:02:55
    under Section 41 one through section 151
  • 00:02:58
    or CRP C or wit warrant which is
  • 00:03:02
    described under Section 72 to 74 of CRPC
  • 00:03:06
    the next is section 44 which defines
  • 00:03:09
    that arrest can be made by magistrate
  • 00:03:11
    any magistrate whether executive or
  • 00:03:15
    judicial may arrest a person when any
  • 00:03:18
    offense is committed in his presence
  • 00:03:20
    then he may himself arrest or order any
  • 00:03:24
    person to arrest offender and thereafter
  • 00:03:27
    depending upon the case he may even give
  • 00:03:31
    the bail to that person or send him to
  • 00:03:34
    custody now section 43 which defines
  • 00:03:38
    that the arrest can be made by private
  • 00:03:40
    person any private person may arrest or
  • 00:03:44
    cause to be arrested any person who in
  • 00:03:47
    his presence commits a non-bailable and
  • 00:03:49
    cognisant offense or any proclaimed
  • 00:03:53
    offender and without unnecessary delay
  • 00:03:56
    shall make over or cause to be made over
  • 00:03:59
    any person so arrested to a police
  • 00:04:03
    officer or in the absence of a police
  • 00:04:06
    officer take such person or cause him to
  • 00:04:09
    be taken in custody to the nearest
  • 00:04:12
    police station
  • 00:04:15
    now the third mode is custody merely
  • 00:04:19
    surveillance or restriction on the
  • 00:04:21
    moment of a person concerned is called
  • 00:04:24
    custody in criminal law custody is a
  • 00:04:28
    second stage of arrest basically there
  • 00:04:31
    are two types of custody the first one
  • 00:04:33
    is police custody and second is judicial
  • 00:04:36
    custody police custody when falling to
  • 00:04:41
    the receptor of any information or
  • 00:04:43
    complaint or report by police about a
  • 00:04:46
    crime a police officer arrests a suspect
  • 00:04:50
    involved in the crime reported to
  • 00:04:53
    prevent him from committing the
  • 00:04:54
    offensive acts further such officer
  • 00:04:57
    brings that suspect to police station
  • 00:04:59
    this is called as police custody during
  • 00:05:03
    this detention the police officer in
  • 00:05:05
    charge of the case may interrogate the
  • 00:05:08
    suspect and this detention is not
  • 00:05:10
    supposed to be longer than 24 hours the
  • 00:05:14
    officer in charge of the case is
  • 00:05:16
    required to produce a suspect before the
  • 00:05:19
    appropriate judge within 24 hours these
  • 00:05:23
    24 hours exclude the time of necessary
  • 00:05:26
    journey from valla station to the goat
  • 00:05:30
    the next is judicial custody which means
  • 00:05:33
    an accused is in the custody of the
  • 00:05:36
    concerned magistrate a judicial custody
  • 00:05:39
    may extend up to the period of 90 days
  • 00:05:42
    if the person is arrested in connection
  • 00:05:45
    to a crime which is punishable by an
  • 00:05:49
    imprisonment of 10 years or more life
  • 00:05:52
    imprisonment and capital sentence and in
  • 00:05:56
    any other case the judicial custody of
  • 00:05:58
    such person may extend up to the period
  • 00:06:01
    of 60 days after the period of 60 or 90
  • 00:06:06
    days depends upon the case the person is
  • 00:06:10
    entitled to bail till the time police
  • 00:06:13
    have not filed the charge sheet once the
  • 00:06:17
    police filed the charge sheet the person
  • 00:06:19
    cannot claim bail as a matter of right
  • 00:06:23
    the key differences between the police
  • 00:06:26
    and the judicial custody police custody
  • 00:06:29
    is defined as the immediate physical
  • 00:06:31
    custody by the Bullis of a person who
  • 00:06:34
    has committed a crime whereas judicial
  • 00:06:37
    custody is ascribed by the judge or the
  • 00:06:40
    court itself in police custody the
  • 00:06:44
    person is arrested and brought to the
  • 00:06:46
    police station for processing
  • 00:06:48
    whereas in judicial custody it is
  • 00:06:51
    ordered by the judge depending on the
  • 00:06:53
    circumstances of the case in police
  • 00:06:57
    custody the suspect can be intergrate by
  • 00:07:00
    the police but in judicial custody
  • 00:07:03
    there is no interrogation done during
  • 00:07:05
    this unless the situation calls for the
  • 00:07:09
    action and with the permission of the
  • 00:07:11
    judge in police custody legal counsel is
  • 00:07:15
    usually present in an interrogation to
  • 00:07:17
    ensure that the suspect rights are being
  • 00:07:20
    respected and that no physical harm or
  • 00:07:23
    brutality of any kind will occur but in
  • 00:07:27
    judicial custody there is no need of
  • 00:07:29
    such action in police custody the
  • 00:07:34
    protection and care provided by the
  • 00:07:36
    police and in judicial custody it is
  • 00:07:39
    under the protection and safety of a
  • 00:07:42
    judge lastly the key differences between
  • 00:07:47
    the detention arrest and custody
  • 00:07:50
    detention is when the action of
  • 00:07:53
    detaining someone or the state of being
  • 00:07:55
    detained in official custody whereas an
  • 00:07:58
    arrest is to see someone by legal
  • 00:08:01
    authority and take them into custody and
  • 00:08:04
    in custody merely surveillance or
  • 00:08:07
    restriction on the moment of the person
  • 00:08:09
    concerned in detention
  • 00:08:12
    Pulis only need reasonable suspicion to
  • 00:08:14
    hold the suspect
  • 00:08:15
    where is an arrest police need hard
  • 00:08:19
    evidence to arrest someone and in
  • 00:08:21
    custody holding a person is to further
  • 00:08:25
    inquiry and investigation detention is
  • 00:08:29
    less serious in nature arrest is more
  • 00:08:33
    serious in nature and
  • 00:08:34
    custody is also more serious in nature
  • 00:08:37
    the detention may lead to an arrest if
  • 00:08:40
    more evidence is found an arrest may
  • 00:08:44
    lead to jail if convicted custody of
  • 00:08:48
    self is of two types the first in police
  • 00:08:51
    custody and second as judicial custody
  • 00:08:53
    depending upon the circumstances there
  • 00:08:58
    is no criminal record of detention
  • 00:09:00
    but another in arrest there is a
  • 00:09:03
    criminal record and as custody there is
  • 00:09:06
    a police record and in detention
  • 00:09:09
    usually it is of short period of time
  • 00:09:11
    then they have to either be released or
  • 00:09:15
    arrested and in arrest it can be held
  • 00:09:19
    until bail is granted or until their
  • 00:09:22
    case comes to court and in custody
  • 00:09:25
    police custody is or 15 days and
  • 00:09:28
    judicial custody is of 60 to 90 days
  • 00:09:31
    depending upon the cases this is all
  • 00:09:36
    about the arrest detention and custody I
  • 00:09:40
    hope you liked the video for detail
  • 00:09:43
    nodes you may visit my website
  • 00:09:45
    www.themanufacturingmentor.com
Tags
  • detention
  • arrest
  • custody
  • criminal justice
  • law enforcement
  • legal rights
  • police custody
  • judicial custody
  • due process
  • legal definitions